First we have to agree on the fact that cooperating with any formal safety investigation is voluntary. The safety improvement process is dependant on reports given by the practitioners themselves. Digging your own grave by giving voluntary information to be used against one-selves in court is highly unproductive. (After the court-case LVNL-Delta safety reports dropped over 50% by fear of prosecution)
Secondly, I observe a strange relationship. The worse an outcome of an incident results in more involvement of justice. In the real world we never now whether an improper action is taken until it reveal itself (and then we have to notice it as well...). If the outcome of an improper action will be grave or not is depending on a lot more factors then a single action alone. If I was able to predict any of these actors I would not be posting on this form (but enjoying a nice cocktail on a tropical island while counting my pennies).
If we want to find the truth behind an incident we can probably make up ten stories to describe what happened with all the facts and factors at hand. Depending on the reference one takes we choose one story. It will be clear that justice will probably choose a complete different "true" story then a safety board, or a victim, or society. It would, in my opinion, be extremely unfair if justice was able to use the safety board's story for its own purpose of conviction. The FDR/CVR was installed to improve safety investigations to find out what happened, NOT to serve justice with their relevant data to start criminal prosecution.
I am not advocating that justice should stay clear of any safety critical profession. Nor do I want to state I am entitled to a blame-free environment. I am accountable for actions I take. Unfortunately I am not working in my own space. I am part a crew/group. This group is part of a bigger organization, which is nested in society or other systems with its own norms, values and other reference borders. To choose what is right or wrong
within this system is probably easy to achieve (it should be clear though
WHO makes this choice). The recently increased interest of justice in safety critical industries makes me increasingly nervous. Their terms of right and wrong are decided within a completely different reference frame. Nor do I know
WHO exactly makes that decision or do I know the outcome of that decision beforehand. I advocate more clearness and expertise on the side of justice to create a more open playing field.
In the end we are all part of the same system. Any movement in the wrong direction will hamper not only us, but others too (including the prosecutor who wants a safe flying trip in the future).
